The Martello’s Empirical Analysis

Citation profile

105 federal appellate · 45 district · 12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 197 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Can it be said in this case [that the statutory fault] could not by any possibility have contributed to the collision?”

   3 later decisions quote this exact passage · from the majority
   e.g. Trinidad Corporation, Plaintiff-Counterclaim v. S.S. Keiyoh Maru, in Rem, Sol Gloriosa Maritima, S.A., a Corporation, Defendant-Counterclaimant v. S.S. Fort Worth, in Rem, Her Engines, Tackle, Appurtenances, Apparel, Furnishings and Equipment, Defendant-Third-Party-Plaintiff-Appellee · Seaboard Tug & Barge, Inc. v. Rederi AB/Disa

2. ““While it is possible that a speed of six miles an hour, even in a dense fog, may not be excessive upon the ocean and off the frequented paths of commerce, a different rule applies to a steamer just emerging from the largest harbor on the Atlantic Coast, where she is liable to meet vessels approaching the harbor from at least a dozen points of the compass. Under such circumstances, and in such a fog that vessels cannot be seen more than a quarter of a mile away, it is not unreasonable to require that she reduce her speed to the lowest point consistent with good steerageway, which the court finds in this case to be three miles an hour.””

   2 later decisions quote this exact passage · from the majority
   e.g. The Albany · Quinette v. Bisso

3. ““Tbe navigation of the vessel was governed by the 13th, 16th, 18th, and 22d articles of the International Xtules: “Article 13: ‘Every ship shall, in a fog, mist or falling snow go at a moderate speed.’ “Article 16: ‘If two ships under steam are crossing so as to involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other.’ “Article 18: ‘Every steamship when approaching another ship so as to involve risk of collision, shall slacken her speed, or stop and reverse, if necessary.’ “Article 22: ‘Where by the above rules one of two ships is to keep out of the wa.y, the other shall keep her course.’ “These vessels were ou crossing courses, the Grenadier heading N. N. W., and the Korff heading S. TV. M> TV., almost a.t right angles. And the Grenadier had the Korff on lier starboard side. It was therefore her duty to keep out of the way of the Korff. And the burden is upon her to excuse herself.’’”

   1 later decision quote this exact passage
   e.g. The Grenadier v. The August Korff